pa49

1 minute ago, milimelo said:

You have to provide requested information. No way around it? She provided info when petitioning you for K-1 why refuse now? 

10 years on age related circumstances play a role!

Hi all.

Long time member since k1 application many years ago and lots of help obtained from these forums!

I've established the USA as my home, have worked for many years and shown my commitment to this country with involvement in civic and community endeavours.

Now decided to apply for naturalization, but my wife says she won't fill in anything about her past marriages etc.

Any way around this?

Scroll down to the bottom of this page: http://dps.alabama.gov/home/wfContent.aspx?ID=30&PLH1=plhDriverLicense-DocumentRequirementsAndFees

You can use the original copy of i-797 NOA 1 year extension letter from USCIS.

I"m a school bus driver and obviously my license is essential for my job, but it expires 08/12 and I have no way of renewing with out the removal of conditions! The one year extension is not acceptable in my case as it runs out before the license!

I'm a nervous wreck!

To be perfectly honest you won't necessarily get a truly correct answer unless you want to say what it's for. But if you're able to wait, then yes, waiting for the GC would be best.

I will assume you're applying for a name change or something. That sounds about right.

Nothing to do with my personal details or immigration matters.

Vanessa&Tony cleared it up for me- (sorry didn't see that's you!!)

"non-immigrant until green card issued"

Many thanks to all respondents.

they edited their post. You are a non-immigrant until you get your GC. The EAD makes you a "work authorized non-immigrant".

Ker-Ching!

That's what I needed to know and sounds right in this case. It would make sense.

Many thanks and now I don't feel as if I've been discriminated against or had an incorrect judges view.

Are you sure the thing you wanted required only legal presence (which you have, and have proof of), or legal residency (which you won;t ave until greencard approved)?

That's a good point and could have been interpreted by the judge as being legally resident.

Georgia law states "alien with legal presence" qualifies.

I think it's not worth making waves and I'll wait for the green card and reapply.

It would appear that the judge considers me to be a non-immigrant alien and they are prohibited in this case.

So when does one achieve immigrant status?

Quote from the application-

"► If you are not a U.S. Citizen:

• you must show proof of name/address/date of birth/INS number/photo ID.

• Identify all countries of citizenship:

• Attach: (a) documentation of your lawful presence in the United States, and

_____

(b) proof of residency in the State of Georgia for at least 90 days."

I can do all this!

It is non-immigrant because they won't hand out a greencard except to someone married to a USC. To marry, you've got to get into the US first. Easy for you on visa waiver, but not so for those from Mexico or Vietnam for instance. So there is a fiancé visa to get them here to marry. If they don't within 90 days, then they go home with no further entries on that visa.

As a K1, you are just a visitor for 90 days basically as far as having anything else to prove otherwise. Even the NOA1 receipt for AOS doesn't really give a date extension for a specific amount of time. An EAD card has a date and proves you've got 1 year authorized. A greencard is dated and gives you 2 years. K1 is the only visa I know of where you have this limbo period between the I-94 and further dated proof. You won't get deported but you also can't prove with dated documentation that you have legal presence until you get EAD or a greencard.

Well, I said I have the EAD/AP card!

I see the posts were close. May be you missed mine?

I think it all depends on the benefit/service you're trying to apply for. For some thing like SSN, you're not considered non-immigrant, but for things like driving license, you might need to wait until you have something like EAD (state dependent). If it's something like entering a contest, you'll need to wait until you're an LPR.

What is it you applied for? What reason did they specifically give you for being denied it?

OK I have my SSN (since three weeks before I-94 lapsed)

EAD/AP card received 1st NOV

Drivers license 2nd Nov

My denial is because of lack of proof of legal presence, but I can't see how i could have much more proof except the green card itself!

My application was to a judge who obviously found my evidence lacking. I get the feeling that my status has been incorrectly assessed and I am considering a challenge, but need to know my grounds.

I can't find any info about how our status tracks through the whole AOS process. It's a very grey area and I really would like to know when I stop being an non-immigrant and become an immigrant.

I'll have to wait until my return to the US to call USCIS, however I bet they don't have a definite answer.

I'd rather not say what the application was for.

The Department of Drivers Services in GA explained (and it's on the states web site) that since July this year the requirement is that at the time of application for a driver permit from any alien they are required to access USCIS "SAFE" checking system to see what the applicants status is. This shows whether the applicant has gone through a biometrics file creation.

I had my biometrics done and received my I-766 "Combo Card" (EAD and Advance Parole)and on the same day applied for a drivers permit and they could see me on the system and immediately issued both a permit and ID valid for the period of the Comb Card.

I believe the SAFE check is accessible by all relevant Government agencies in order to determine a persons status.

They told me that the issuance of the I-766 makes all the difference.

SAFE (Secure Authorized Foreign Employee)

Anyone who enters the US by way of a K1 visa does so by way of non-immigrant status. I believe this to be an anomaly which was used at some point to speed up that whole process. (that's a laugh).

However, at what point does our status change to enable us to proof a legal presence in the country.

I have been denied something which should be available to anyone who can prove lawful presence and meet all the other criteria, which i do.

Does anyone know at what point our status stops being non-immigrant?

The Department of Drivers Services in GA explained (and it's on the states web site) that since July this year the requirement is that at the time of application for a driver permit from any alien they are required to access USCIS "SAFE" checking system to see what the applicants status is. This shows whether the applicant has gone through a biometrics file creation.

I had my biometrics done and received my I-766 "Combo Card" (EAD and Advance Parole)and on the same day applied for a drivers permit and they could see me on the system and immediately issued both a permit and ID valid for the period of the Comb Card.

I believe the SAFE check is accessible by all relevant Government agencies in order to determine a persons status.

They told me that the issuance of the I-766 makes all the difference.

Hi, just been through all this and found out that you are not married in the eyes of the law (ie legally) until the signed copy of the license has been officially entered into the county records of the jurisdiction in which the marriage took place. When that has been done a certificate can be issued by the records office which confirms that legal status of marriage.

USCIS, for obvious reasons, require to see that confirmation of legal status.

Hope that's helpful.